Why this matters
If you’ve been served with a Notice of Petition & Petition in New York City, the clock is ticking. Missing the deadline to answer almost always means a default judgment and a fast-track to the marshal’s doorstep. Under state rules, tenants in non-payment cases have 10 days from the date the papers were delivered to file their Answer in Housing Court.
NYC’s new Good Cause Eviction Law (effective Apr 20 2024) expands the defenses you can raise—especially for market-rate tenants facing sharp rent hikes—so a well-drafted Answer matters more than ever.
Quick-Reference Cheat Sheet
| What | Details |
|---|---|
| Deadline | 10 days to answer non-payment petitions (holdovers: follow date on Notice of Petition) |
| Fee | $0 to file an Answer |
| Where | Housing Court clerk’s window in your borough (in-person) or pilot e-filing if available |
| What to bring | Petition packet, lease/rent receipts, repair photos, ID |
| Need help? | NYC Right-to-Counsel provides free lawyers to income-eligible tenants; everyone can get brief legal advice at intake. |
Step-by-Step Guide
1. Confirm your deadline & case type
Check the upper-right caption on the Petition:
- Non-payment – rent demanded → 10-day answer rule.
- Holdover – “Notice to Quit” or “Termination” case → the return date on the Notice of Petition is your deadline (often 5–12 days after service).
Mark the date on your calendar and set reminders.
2. List every possible defense (don’t be shy)
Common defenses include:
- Improper service of court papers
- Rent already paid or partially paid
- Breach of the Warranty of Habitability (serious repair issues)
- Illegal fees or late-fee overcharges (RPL § 238-a)
- Retaliation for 311 or HPD complaints
- Good Cause Eviction: rent hike above the 2025 local standard of 8.79 % or no valid “good cause” stated
You can add counterclaims (e.g., rent-overcharge) but they may trigger court fees—stick to defenses if money is tight.
3. Choose your filing method
| Method | How it works | Pros | Cons |
|---|---|---|---|
| In-person (classic) | Go to Housing Court clerk, ask for “Tenant Answer In Writing” form, clerk stamps copy & gives your court date. | Immediate date; clerk helps mark defenses | Long lines; time off work |
| E-file pilot | NYC is rolling out e-filing for unrepresented tenants (Bill S7475, pending final adoption). You complete an online form; court mails notice to landlord. | No travel, 24/7 access | Not city-wide yet; need email/scan access |
Tip: Even if e-filing is available, print a backup copy to bring on your first appearance.
4. Fill out the Answer correctly
- Caption exactly as it appears on the Petition.
- Check every defense that might apply—courts let you refine later but rarely add new ones if you skipped them.
- Sign and date; no notarization needed on the Civil Court form.
5. File and get your stamped copies
Hand the form to the clerk (or submit online). You’ll receive:
- Stamped Answer (keep multiple copies)
- Return Date slip—usually 7 days out for non-payment cases.
6. Serve the landlord only if you e-file
In traditional in-person answers the court mails notice. Under the 2025 e-filing bill, tenants who answer electronically must mail a copy to the landlord or their attorney within 5 days.
7. Prepare for court
- Organize receipts, photos, 311 reports.
- Draft a proposed settlement (e.g., payment plan, repairs).
- Arrive early—security lines can be 30 min+.
8. Amend if new facts emerge
If you discover new defenses (e.g., landlord cashes your rent) you can ask the judge on the record to amend your Answer “in the interests of justice.” Bring proof.
Frequently Asked Questions
What if I miss the 10-day deadline?
File an Order to Show Cause ASAP asking to vacate default—include a draft Answer. Judges often grant it if you move quickly.
Do I have to pay a fee?
No. Answers are free. (HP actions cost $45 unless you qualify for a fee waiver.)
Will the judge dismiss my case if I cite Good Cause Eviction?
Not automatically, but it’s a powerful defense that can force settlement or reduce rent arrears.
Can I really do this without a lawyer?
Yes—and NYC’s Right-to-Counsel law guarantees a free attorney for most low-income tenants. Still, a clear, comprehensive Answer maximizes your chances even if you later get counsel.
File in 10 Minutes with LawHax
Why stand in line? The LawHax Answer-Builder asks plain-language questions, auto-generates a court-ready Answer PDF, and emails filing instructions tailored to your borough. Written in plain English, most users finish in under 10 minutes. If the court does not accept the Answer, LawHax provides 100% refund guarantee.
This article provides general information, not legal advice. Court rules change; always confirm deadlines with the clerk. If you need personalized guidance, consult an attorney or call 311 and ask for the Tenant Helpline.